Analysis Of Anti-dumping Investigations Zero Principle

The determination of zeroing is the key part in the investigation of Anti-Dumping. As a result, the concept of dumping, the constitution of dumping and the calculation of the margins of dumping are significant links in the investigation of Anti-Dumping. In most of the investigations of Anti-Dumping, the investigating authorities use normal calculating method, however, the United States and EU used to using the method of Zeroing. As the time passing by ,EU gradually threw up this kind of method in calculating the margins of dumping, but the United States still insists on it. In 2007, in the case of"United States—Measures Relating to Zeroing and Sunset Reviews", the appellate body awarded that the United States was inconsistent with the Anti-Dumping Agreement by using zeroing in the investigation of anti-dumping, which made zeroing as such invalid. Even so, the abandon of the zeroing will still need a long time.In the background of free trading, zeroing is obviously opposite with its spirit. In this paper, I will give an introduction of zeroing based on some cases, and set forth the illegality of zeroing. For this purpose, this paper will be departed into four parts: First of all, I will introduce the details of zeroing, including the concept, some calculations of zeroing, the consequences of zeroing and the different views on zeroing.The second part and the third part are the key parts of this paper. In these two parts, I will analyze the illegality of zeroing by analyzing cases that are related with this topic. The attitude of DSB and the Appellate Body will be also discussed. The second chapter is about the illegality of zeroing, I will give out some analysis on the text of Anti-Dumping Agreement. In the third chapter, I will first talk about the different opinions of the United States and Japan, and then talk about the analysis of DSB and the Appellate Body on the case of United States—Measures Relating to Zeroing, including the illegality of zeroing under W-W comparison,T-T comparison,the W-T comparison and the illegality of zeroing in the reviews, and at last I will give out a summary of the whole chapter.The fourth chapter is the conclusion of this paper, in this part, I will talk about China's opinion of the using of zeroing, and then give my own suggestions that what should the government and enterprises do to protect themselves from zeroing.